1. Collect Information
2. Try to Make an out of court agreement
3. If none can be made file the lawsuit
The first thing you want to do when you’re filing an injury claim is to collect all the evidence and legal information related to your accident. You will need the police report, and if there were any witnesses, they can be the next-best form of proof to give jury in your claim against the defendant. You should learn a few things which very between state lines. You should find out the timeline between the accident and when you can file an injury claim against the defendant. A good thing to do, which generally benefits most accusers or defendants after an accident is to get a couple of consultations from various personal-injury lawyers. They can normally lay out all of your options and explain your situation.
Out Of Court Agreement
The next thing you should do is prepare a case against the defendant and hire a lawyer if you don’t feel comfortable representing yourself in the courtroom. However, before you file the claim against the defendant you really should see if there is an out-of-court agreement that can be made, this is generally the cheaper and more convenient option for everyone involved. There are a few cases, which are futile to fight such as assault claims and any illegal actions, which led to an accident. For example, drinking and driving cases are considered extreme recklessness and if the police report clearly states the defendant was intoxicated it is a waste of money to fight this type of claim. In these situations, out-of-court agreements are far faster and better for the defendant.
File the Lawsuit
If the defendant wants to fight it out in court than you should look very carefully at one key aspect. The evidence that you have against the defendant if there is clear evidence, which backs up your claim then going to court is a relatively risk free option. If the details are not very clear and the accident was not very severe the case will be far more difficult to win, for example, mental injury claims. It is very hard to get sympathy from the jury for useable injuries, which makes it harder to swing the jury in your favor.
Variables and Exceptions
There are a lot of variables that differ between US states some have a very extensive screening process which can make filing a lawsuit far more expensive and take much longer. While others have a more free-flowing and accepting policy this can make a very large difference to the amount of compensation and time it takes to get in court. In states that have extensive testing and screening it is recommended you try to come to an out-of-court agreement because it can save everyone involved a lot more money and time.